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People who say that divorce is not advisable for the Philippines forget or ignore our
history. The ethno-linguistic communities of the Philippine archipelago before the Spanish
conquest practiced divorce. We had a divorce law from 1917 until August 30, 1950, when the
Civil Code of 1950 took effect. The latter law prohibited divorce for Filipinos, and the
prohibition continues under the present Family Code. But Muslim Filipinos have always
practiced divorce, which Philippine law allowed. Today, divorce continues to be available to
Muslim Filipinos under the Code of Muslim Personal Law of the Philippines (Presidential
Decree No. 1083), promulgated in 1977.
In the Philippines as well as the other states such as Vatican City and British Crown
Dependency of Shark the thing called ‘Divorce’ is not applicable now a day in the said countries.
But a bill recently filed in Congress provides hope for thousands of couples trapped in failed and
often abusive marriages, by legalizing divorce. It is now the fight to make divorce legal in the
Philippines. The dissolution of a marriage is almost always an unhappy event, at the very least
marked by disappointment and the loss of dreams and expectations. In addition, there are usually
many legal, financial, parental, emotional, and practical aspects that require changes in
responsibilities and routines, and it can take people years to regain equilibrium.
Nevertheless, divorce serves an important function in legally and emotionally freeing people to
form a more stable relationship.
A divorce law will provide a remedy that Article 36 does not. Divorce does not concern
itself with validity or invalidity of a marriage. It terminates a marriage based on a ground that
occurred during the marriage, which makes the marital relationship no longer tenable, regardless
of the spouse’s psychological constitution. A divorce law will provide a straightforward remedy
to a marital failure. It will benefit Filipinos wherever they are.
It is time to give the remedy of divorce to those who need it, even as we respect the
decision of those who want to stay married despite their miserable marital life. First thing is that
a couple’s conflicts often lead to maltreatment and the women are the most affected in the
situation. Simple, because compare to women men are more aggressive and stronger when it
comes to strength. Another is that a man has a power to rule the house even in a wrong way, so a
woman was set aside because of its poor capability. Lastly, a woman is more emotional so if its
trust will be misuse it leads to overthinking and makes a woman struggle a depression which is
really unhealthy.
The Catholic Church need not worry. To be sure, the Catholic Church will be the
staunchest opponent of the divorce bill. It will once again argue against the bill on moral
grounds. It will appeal the constitutional provision directing the State to protect marriage and the
family, and another that refers to the sanctity of family life. But these constitutional provisions
were never intended to prohibit Congress from legalizing divorce. First, we are a secular state,
where no religious group has the right to define law or policy for the entire population. The law
should only give people a choice, to be exercised according to their own personal beliefs.
Second, non-divorced Catholics need to be careful of assumptions, to discard any trace of
judgment toward the divorced. Since most the Filipinos have “been there, done that” when it
comes to being judgmental, we can address this issue personally. It is too easy for those who
have never experienced the desperation and sorrow of a failed marriage to believe that “they
could have done something to save it.” They really have no idea at all. Lastly, not every marriage
was joined by ‘God’ even it took place in church. This may seem like a rationalization, but
Jesus’ statement in Matthew 19:6 (“Therefore, what God has joined together, no human being
must separate”) does not apply to all marriages.
As been stated above it is better to legalize divorced because first it only leads to
maltreatment, stereotyping, and depression which may affects women the most. Second, because
not all marriage was joined by God, which makes sense that any of the religious beliefs do not
have the right to hinder our country in legalizing divorce which is beneficial otherwise. Lastly, it
could promote a healthy marriage and family through the succession of finally approving or
legalizing divorce in the Philippines.
We are the only country that does not allow divorce now a days it was once a law during
American colonial. A divorce law will provide a remedy that Article 36 does not; it terminates a
marriage based on a ground that occurred during the marriage, which makes the marital
relationship no longer tenable, regardless of the spouse’s psychological constitution. A divorce
law will provide a straightforward remedy to a marital failure. It will benefit Filipinos wherever
they are.
Every day people bear children, they get married, and die after all. It is a big breaks again
to us Filipinos the enactment of divorce that serves important function in legally and emotionally
freeing people to form a more stable relationship.